Cruz v. State
Cruz v. State
Opinion of the Court
This is an appeal of an order summarily denying a motion under Florida Rule of
Cruz has raised a facially sufficient claim for Rule 3.800(a) relief that the trial court, by summarily denying the motion, has failed to conclusively refute. On remand, if the trial court again enters an order denying the post-conviction motion, the trial court shall attach written portions of the record conclusively refuting the defendant’s claim. See Fla. R.App. P. 9.141(b)(2)(D) (requiring reversal by this court unless the record shows conclusively that the defendant is entitled to no relief).
Reversed and remanded for further proceedings.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.